RALEIGH, N. C. WEDNESDAY, OCTOBER 31. 1S39.
THOMAS J. LE W AT",
'jDITOR AXD PROPRIETOR.,
Svtcntmot,' three dollar peranatn en
kair in advene.
,-!.. . retidtn- w.th.nt tb 8ta1e will be
required py the wWe amount ol the year
.ubter.pt .os m anvance.
RATES OK ADVERTISING.
Far every square (not exceeding 18 line this
rte tvpe) Grit insertion, on didler. each ub-
tfTient insertion, twfmy.n.e ren.s.
rill Oe El irijr'i ..h; , - -
Lieiinn nf.wt percent, will be mndr from
refill"'" price Inr sdvcrlisert by the year,
LHtert to the fc. i.ior must he po.-p,,...
l- . ... .. ..
Stale of Nona uarotiua. j
If .- f'mniv.
cnerior Court of Law-Spring Term.
" ' 1858. ,
A Neighbor ft u'iinm Neighbori Pcti-
lion for Divorce. ,
kTiMtul, and pr'Hl.maii-.nl.rina; been mmle at!
ihrOirt HovLe ioor, for ihe party in appear
,d,,w.r acor.l.nR o a o. A.ra..., ' -icn
..... mV !! nriwiJct'i n ' here-fore ordered,
ibtt anbliearton be n"'e fr three mon(h 1 the
" r. m .1 lltAaa nearjkOiara itfsrilMl
albr City l KlRh. that i.nlr the nij ViJ.
(Km Xeinl.bor par at ihe nrt Term of iarl
Oirl. lo be held on llieJlrM Mondiiy alter the
,rih Vlonilar of 8epn-nT)5irm!l,, awl pi .-.!, ail-.
tter or demur to the Plainliff't betiitoii, it will lie
fcrtnl rt pi re, aid judgmrnl prt conjefi ruler
ti iiriio.l him.
II. R H WKS.C. S.C.
(Prite d. $7 SO) iS lui
Knitter. ; -
- 'UII.MAli WCAI Oi CO.
M.I YUF.1CTUUEH.S OF
jVorfA Tti Street, J'ljUadelphia, back
of Merchants' Uolil
The only ;ublihmeni in ihe City tlerolr'1 e-
eiiHireiy m uumirn.
COUNTKV Merchant are tupplicd t Vn
arturer priee. ami their t;'e inmrrd from
hreukin to any pail of lb Union, without ca
Thnie who mr hare orrfrri for large Ght,
would do well to inform by letter, nreTiou
4o their tominu on, of Ihe ize of the plate, and
the kind of trame they may wtnt,( whether ol tJili,
Malurny or Maible.J that the article may be
fijaiitaetureil eiprentlj fur the oeeaion.
Merchant honld give llieir order for Look
in; (ilaitrt the fir.t thing on (heir arrival, lo en
title them well put up.
September t, 40 9r
dkTw. W. MARSH AtlS
Ointment for the BlfHd Piles.
Thit inraluable remedy haaieen teveral
trtrl hrl'ore the public; it virtue end efficacy
lure hern well leMed, and, in numerous innan
eei.in the mod aggiavatrd formaof the Hiteare.
In nut a tolnarT case hat it been known to tail
in effecting a cure. Many verteapeelaMeprr. !
.nni llivr UUrilC iciuinjnj i" n.riuwiiimiinj
wliiim ii the Ke. Wm. A. Smith, of the M. K
Church, and Kditor of the Uontercoce Jonrnal,
alio, Iron, hi' own experience, confidently re
enromendt it to the public at "A earc, aoatii
asn arnriKKT RiMtnr."
It may be had at the Store of R. TUCKER,
Agent. Italeieh, N . C.
ViLUAltl.r LAND FOit SALE
The underiirned offer tor
ale a very valuable tract of
land, lying nve anile veil at
Ktlrigh, combining, about SOU
acret, ihe greater part ot which
it uncleared, well limbered.
it equal in leruliiv to any
ennnty. It hat on it a dwelling and niher limlu
inr., with apringt nt eicelleat water convenient.
The situation ta remarkably healthy ami beauti
ful, ami would make a very drairable reaidenc
to any person wishing to locale near the City.
A farther deecriplinn it deemed unnecessary, at
arrtont ilciiting to purchase .will no doebt first
view the premises. A great bargain nay bad,
M aarly application be made.
Hsleigh. Sept. 96, I I3S 40 If
BooUs hsaiul More Itoolia!!
TUH.YKH (J HUGHES,
VnMi.liers and Bnnlitpllert, have often re
wiinited the good cilitra. of North Carolina
l the very eatrnsive stock of ROOKS kept on
html, mil being added to by weekly arrivalt;
hut they teen, to have fnrenltt'n the lact. In ei
der to refresh tjieir anemones, they deem it e
eMwry occasifiaallv lo lay before them eala
If i of a very small pmiinn of rrccat arrival
lirtd thetotlnwing tbrn call al Ko. I. cheap
side, sad avail yourselves of the opportanily el
Life of Arthur l.e,
rt lee, S vol 1 lie
$j rh advertisements o'f Cle. M mt Sheriff, fj ,,m; r:fl M,,J,, Multic-lutis ' U',,'c1'' the benediction W pro
'M b oH--4.N per cent, higher, and a W-. .' ".T " Tf ,.Mtt!ca,l pounced. SSV the , Patriot. shv that
I.. L. 'li b rifirirTfiTvn0
Life ?f Thomar Jcflerso,.,
ith psrltof liienriTtnonitenoe. bv Gen. Tuck
r, mis. Works ol Joseph Aditimn ia vol.
Travel, in Europe, hy Wilber Kitk, I). D I vo.
The work of ChaOft Lamb, with hit life and
letter, hy-. frst1md, irnl Webster'
leches, t vols! Wirt' Litenf Patrick Hen-
wntiiii'rnrip- n v w m r-i a si i m
vc trtearn'a Wnrlis, 1 vo. Lite of Bir
Waller Scon, by J. (r. Uckhart, 8 vol. Al
Ise I Life of Keti 1 n s,.h.uui.-.ic..i.
iil. wis. H6lnV Aneiewt IBrtorr. Hlu.
trk s Live 4 vol. Stewart 't wo. ka in T vola.
Jlietary of t,. Political System of Europe and
hL . ' fro,n "''teoreiy of America to
, "'Wiwodenee ol lb Ameriean Continent,
!, tiernsaw of A. II. Heeron, f vol.
"Wia tHiatory of North C-rolina Hi.lorv
"OwHorte. I n. Mclntoth't Kevolution in
'd I in I68S, 1 vo. Wranall'a Memoir. 1
taibhon' 1 1 itiory of Home, 4 vo . Embss
T te 'the Eattern flnurt rf Co. hin China, Sinai
t Mswat, in the V. S. Sloop of W.r Peacock.
atobe, ta, 1 vn. Memoir of Conirao
TC "T. o. L'pliam't MenUl Philotn.
U.L "aeon' vniki, 10 vo. B.rnrll's
m ni own time, 6 v
"rks complete in one vo. Tuckrl Light
ttre 4 vo. Complete work of Voltair?
18 . m '"""kt.lOvol. Swiff, work.
19 vol, rrtish K.M.yi.t, S vol..
aV..- "Si,!h '" 0B ,h " nm-
Jul. 7 TIT"- TURNER k HUGHES.
". 1 ,ul,eriber havn,c uerm.nes.tlv l,xt,d .1
oa tiie IL.;.-.h
-msil, Iwo mile. ...k .J17 .:.:"''"' '"''. ucii.nru. tuai.
SCr". f the judgment of the Patriot i. to
Kiad . n "? """ eontigned to be relied on, must have: been a very ori-
""eu tolX'LlJ, ? S'""1 -n'1 ioqaent sermon:
I. - Ki ec?remided me of the lyre
tt dl J. ' on iia reception when reomrrd. of FimotheUS. acting on the mind of
fe:." orPhilip-produring alter-
' tnateij mile and a tear. ISow. the
onp. '"i-itc cqnaimn in both the
bi- ' n"' Northern markota - a-:
W.. -'"ge. In Sushies
Hilt kU m.,M , - era nim
ttati . partteuiar aud andivided au
"tira taT k. i- j. wnu.vR.en at-
,,- - . . "
.'ti .. l. 1
., D- R" Y0UN'G- wBatureron the expiring sinner and the
I,:IM;tHM,, (dying .aim, on the tesurrection morn;
Ha- " M- D,CB. Koshoro. ' judgment day; and as the hearer
"dmo. Graaviiie c. J. c. ai. tgs, listened in breathless attention,
".- vs. ,
'' f'ter t.11 tWhiJ.
Application will be made to
the neat (et.cral Assembly tor An A el le
meneipate Hob, commonly called Bd known by
,.he.","B.of 'Boh the property f
V illi.in H.ll of th Chy of Raleigh.
Sept. 29, l3r 41 if
ine ivev. stuocr We Her nte la'
St sT. A.a - - .
the Editorjof tf.e Halifax Advocate as'
follows: . j
Free ., f,., A..;t t ..i... I
I li i .
plant tir one Hollar at Baltimore
havmg read A ltSCI iption of this kind
. (f Mutb,.rry in ,,e American Farmer,
land liaviitir conrli.dod fr I.
-r . . . .
",en fl0,..n' M periodical. t!. .t (he
ncvy plant, lately intrmluceil from the
Cliinese Empire, and taid to have been
one of the greatest sources of its vast
a?" .J? crown
With Complete SUCCe, the Silk cnter-
prise iii the United States. I tried it
a, from Pasfi f propila,i)n ar.e
. , , i nuMenvii hibc
ness of leaf, and other vastlr superior
properties, more and more evinced, I
have never ceased to entertain this
. ...... . ..... ....v.- ,u? tui. u p..e.,u.
... r . v ,.c..etrre .n us propagation.
ami to try to awaken others to view,.,. , 4Iir1 fnf , fir, I
the great importance of the Mullicauiii
to the prosperity ot our State ami
countiy. Mr. Spencer ol Lou.sburg
(wo lot of tree.. a.n now selling.
having been purchased by lu.u ex-
fuT?J . eh"1! ,lK''' r',U"'?Se
the South,) urged me at first to try fin
appearance against hope; to circulate
the Multicaulis in rhis State, alle'dging
as a motive, that if from a Mulberry
Orchard in t!;c North 500 dollars an
nua'i'y ""as madi clear by an acre, how
much more eM1-in t!e Smith, could
be done, if (he people1 could only be a-
woke up to the importance if the- mat-
terj since our climate at.J 'u were
much better fitted fur the M'uiVrry
and Silk culture. In the spirit f
this advice, and the desire to benefit
the South I sold the Mu-lticaulU ten
per cent less than it sold for in the
And now, I
the stock I ad-
would d igrc
s to say,
vertise'iiv your paper, is at much lower
rate thati more Notherly; for instance,
cmimgs i am c.c.i.o.y miormeu, now
sell at Richmond, Baltimore and Phil-
3 cents a bud. And let
me say here that this last I believe con
siderable stock for sale in this slate,
will be taken very snori, and those
wishing to secure a supply of it should
uo so speedily. 1 wo days since a gen
tleinan came on purpose from Peters-,
burg to engage 2000 dollars worth,
bating percentage for large trade, and
no departure asked if writing in a few
days, he might probably secure 2000
dollars worth more., on the same
terms. The reply . was 'if not all en-
"ased:" And almost, every week I
application tor toe mu.ucnuiia
vines. But to return to my own past!c,)f.a ;n he hmMt nn, nMr ev.
experience with the New Chinese, Ac- e ry other article ia proportion." We
cording to a rough calculation, I nave
sold up to the close of my salts last
spring upwards of 2000 dollars worth.
And my own stock engaged (it is still
growing and increasing in value or
measurement by the foot and will do
so till hard frost J will probably bring
me in the neighbourhood of 8000 dol
lars; although at half the price th- ar
ticle is now selling for at Mr. Spen
cer's low Southern rates. So you
see, I calculate to realize, bating
comparatively trifling expenses of cul
tivation and the like, about Rl 0.000
at close of this season, not to name 1
. t i . r . -
and a I this '.torn the investment ol a
inrai - cai' p it n o j.n nr i ha v no uro i u it-a nil- i
dollar caused by the knoweldrje ob
taincd through an Agricultural Peri
odical. Kut 1 have become tedious and
must defer other matter to another
time fr your print.
Respectfully, Yours, ic.
SomCTh,ko Naw.The "patriot."
of Quincy. Massachusetts, states that
the Methodist chapel in that place, a
new and beaatiful edifice, ".was recent
ly dedicated-to. Almighty God, and
that what adtled to the interest of the
meeting was (he number of ministers
wnu woe iFii-Bt-.ii am. asi'cu in ine
.(i r . a- i
services. I he first prayer waa oSercd i
...i. ., i i ...i
' . , .... !
by the Kev. Mr. Miner,
l.!y .e.,inB.jRev. Mr. Poole, a Mctho.lUt, read ,i,e
. a iH'uitu i me;
first anthem; the Rev. Mr. Wokott,
an Episcopalian, reail the Scriptures,
the fee. 'Mr. Spalding a Me hoJiit
made the dedicatorr Tir.vert a i1m
then read by the Rev. Mr. Spald-i
in fine atvlei when
the Rev. E. T.
friend ot the Sailor.
nr.. . L... . ti.ii.j,'.i j.i:.. .1 ..1...
eloquent npeKiit( D? a quajQt cuinpar
m"."- . . .
lion nr a liannv remark, wnul.l arnta
. . . . j- .
1 1 J
1 u .1 a
..e, n.xj 111.11 i.c uwtn on ui-
. . . - - ...... r j
vina nil inesi! an ine nnvprrv m human'
"Joy lev with downcast took he
Devolving in his altered soul
The variou turn of fate belosri
And now and then a sigh he Hole,
And tear brgano flow."
The choir then sung an anthem, read
by the Rev. Mr. Banfield, of the so-
; ciety s denominated Chrtslain; after
whirh nr...r .... n(r.. i-. -i r.
Mr. Cornell, a Conprtgationalist. The
Re. Mr. .M'Cieading, a Methodist,
rea' ' doxology, after the ainsinit
. - , ' j .
veneraoie tamer oi me uosnel. t he
'V' T' " -ej ?' U, U
Church. CWmm &laleman.
Rev. Mr. Whitney of the Unitarian
By the following extract of a letter
from Col, White, of Fiorida. dated
Liverpool, 2d July, it will be seen
that, though absent, he is taborng with
us, and fur, us. It will give his numer
ous friends here siticcieTeasure to
learn that he may shortly be expected
"I have been activety cngnged, how
ever, in promoting the .great object 1
first proposed five years ago, to wit.
H;rect tr)((e f(.om Eu W(h (he
Souhcrn DOrU, r)(, not start wht.n i
ma n . l .,... . ,i,;-
',,. . , af ,n
&nt . . C)lro,ina,
T,)c fir S(lntmer I visited Europe I
Mtt tM acquaintance of all those
bouses that desired to enter the com-
nelition fr Amcrican trade. and be-
forc ,,avin!I En,afld I4miuced them
to sen.l nine vessels to the Gulf 0f gat gtaiiuson o yecmus, the ong.nal
Mexico. In a letter that was then Pilt7'e' er,.t.ere,, ,n' a" S,,n,t on
published. I stated that the Southern 1,18 JOth of May, L27. I o this agree
people lost 0 per cent, upon their mcnt.a chilrl ppenileJ.which as
k u ..i.. certamed the site of Cape Uenlonen.
, , ; (,,1Ilht. .k;mnll
rone. ivioic tatt uc vi .m-H v-
. ' . ,, . ,u
planalions to proinole this object than
ii . ii ir-. : i ir
c L v " Theb t is ti, be'
. , ', , . . ,mz,
l.ikn ii n her viitli nrnrtiral cummer-
v , r , .. f. 7 . ..... ....
ciai men anu cannaiist. i navq imi
i !..f- i i -
.,,, i f.
fi-nm fiUun-nvc. in Scotland, a
;t. ,h . h incr,,j fllMer in fi,r
: - .i .i.i :
J . -: ...
same time, and which is now reariy
i equal to u.verpmu W
. . v . i. . . r-
commissions, port charges, and double Inai u?Pe
slor3?cs. by carrying every thing to hs "-f. Baltimore became
New YorfcYor transshipment to Eo- with this ngreement, and
i ro i it i i r a unit s p inkii rM
f 1 a I II- . .. www-na, IIIICi
commerce ami manufactories. I hey ;
consume in the town 100,000 bales of LOCQVOCO ELECTION FRAUDS.
cottonfcand are as anxious as we are The Loco Focos in New Jersy as
I for direct trade. I have endeavored well as those in Pennsylvania resorted
.to induce the merchants at Havre; to alt sorts of frauds to receive their
'Antwerp. Amsterdam, London, Liver- cVeU both before and during the
'pool, and Glasgow, to send out agents- lection: One of the most barefaced is
'this winter to Florida to invest money the following transaction. A corres
jin houses, to establish branch houses, pondencn was publish in the . Hunter
land to import and export directly to don Democrat, a Lico Foco paper, a
;and from the Gulf of Mexico- My
i.. i, ,. i m m,..r c.n.
uine expectations. The results will
,,,, ,nan rRl nuP h,v nir -nil ten rents
, (, K.,c ci,ies built up. ships owned,
' I . '- i i - l..M!it.M-.A iimI
aim coinmerce hi na iriiuuiiaic;, ww,
"I have been in communication with
persons in olTic-in London on the
subject of Their timber law. There is
every prospect of a change in this res-jintl
pact, and if that takes place, and the
tluty is removed upon foreign timber,
it will be more advantageous to Flori
da than the mines of Mexico."
THE PIRATE AND THE DOVE,
T ie lolhwing interesting fact is re-
Hated hv Audubon in his Ornitholo-
Bloirraiihv. In sneakinir ol ihe
laiCll V V . i u-1 u wi
.n; u .ij- T.. I.., ;
. . ' . .i.
was once a pirate assuren, me mat uauuum mmc uc.u.c me e-
several times, while at certain wells Action all over the State, and without
dug in the burning, shelly stands of a doubt had its effects on the election,
weU known kev, whi. h must be here jt before the election,
nameless, the soft ami melancholy cry j Brewster published the correspon
of the doves awoke in his breast feel"-, dence in the Hunterdon Democrat, in
incr whieh had lon-r slumberedrmelterl ;isting that-the-rrrst letter :jwacerru
to repentance, andcautl hint
rr l t r rwa t . , a briit in siair ill ill I t
r I m ' "v BFW , , .
which he o.nlv who compares ttie
wretchedness of guilt within him with
the happiness of former innocence, can
trulv feel. He said he never left the
place without increased fears of futuri
... ..I ... .... . i i ... 1. . i , . n
iv. associateu n nc was, aiimiuiu . uc-
, , ... , . . , .
lieve bv foice. wi h a band o the nvnt
. - V, " . .
desperate villiansthat evera
navigation ot the norma coast, oo
. . , , r,, - o ..
. m , J, i
b',d' ,n'1 especially by those ol a dove,
he onlr aiwth.ng .ou..dahe ever heard
"ur.ng n.s .lie oi norrors, .i.a. .... .uS
heie Pntive note and them a.
was induced to escape troin X
to escape Irom his ves
9riv ttUstlltlUIt 1119 IU1UUICI11 VI'IIII"!'""
maI a-. .. A..l-...l..ei onm nn F inns
and return to a family deploring
absence. After paying a parting visit
to those wells, and listening once more
to the cooings of the Zanaida dove,
he poured his suul in supplication for
mercy, and once more became what
one has said to be 'the noblest work of
God.' an honest man. His escape was
effected amidst difficulties and dan-
gersi but no danger seemed to him to
1 1 1 ... .1 . .. r
tin o i 11 no i-'itii. uriTn 1 1 1 i iianmr i biii
i.iv.i.x ... 11. c .n anu'i vi hh'h.i'
it:u:MM ;n . u .. .. : .. t . . . -.r u n n . 1 .1 .
""i'"1 "v " " --
. 7 , , ,. a
vinelawaiand now he lives in peace
in the midstof his friends.
.-:- .i . .
Mruon't find I)ixon'$ Line. This
tin; is Yvry frequently referred to, in
debate ar. conversation. A corres
pondent requests us to jive li'uu the
history and location of it, and to com
ply, 'we borrow the following explana
tion from- the Salem Gazette: "
Tliis boundary is termed from
I he names of Charles Mason and Jere.
mia'i Dixon the two gentlemen who
were appointed to run unfinished lines
in l"6l, between Pensylvjui. and Ma
ryland, on Ihe territories subjected' to
the heirs of Fenn and Lord Baltimore.
A temporary line had hcen run in 1T59,
but had not given satfesUciion to the
disputing parties, although it rvsulietl
from an agreement in 1733 beiwe.-n
themselves. A ilecre had been made
in IGI8. hy kim James, tlelineaiiiij;
the boundaries between the lands javeo
by character to the first Lord Balti
more, and those adjudged to his maje
ty (afterward toU'iiluin PeniiMvhich
divided the tract of land between
WtHwe Bay-ad the Eastern sea on
one side, and the Chesapeake H ty on
th other, by a line erjual.lv intersec
ting it, drawn from Cape Henlopen, t.
the 4th degree of North latitude. A
decree in chancery rendered the
Hinn's decree imnerative. Rn
UllJ situation of flenlotien he-
lonz a suhiect of serinus.
protractetl, and expensive
particularly after the tleatb of Penn. in
IH8, and of Lord B ilt.morein 1714;
nil John and Richard and Toma. Penn.
H" hd become the sole proprietor
?.f,h.A'"cr,cf " 1" of tl.ir fa-
1 ,er ,Il'm d Ce-clius, Lord I5.il-
grandson of Char e. n,l
and delineated a division by an East
. . . . , , .
ry suit kingly decrees, and pronneto
.rra?i(. fM ' v ," ,
ry arrangements l.illowed, which e
tuiiiinins.niiers to run tne temporary
...... . . ' ..
line. ' bis was enectetl in 1T39. Uui
, i , i
IIia rat.afk in rlianrarw licmo ilaf.iJil in
pointed, who could nt, however.
rree. and the nuestion remained onen
f.. , ,.
.in iu. mien me line was
till 1761. when the line
M(1(rL Ma.(in and ni.nn.
lew tiay previous lo the election, pur
nurtinufn haia itan niap k..t.nn
Mr. B.-ldle and Mr. Brewster of Mil-
lord. Mr. JJiddle is made to sai in
his letter, which is dated June 27, 1838.
that, 'Tho directors of the United
Slates Bank have thouo-ht it advisable
tnH . li n i I ha fn fn inh a.I ... I . L . fl . 1
; .mi in.ncii t...u numuiuii.
money to carry the election, and
secretly buy voles." The letter urges
Brewster to activity., in the cause, ami
to spare neither pains nor 'expenses,
authorises him t, draw on the
uink lor 8500 tor Ins exp?ntes. -
the letter to be
reiluine, addressed a letter to Mr.
Bitlille, accepting the offer of the bank,
and nromistnz to perform-the required
services with zeal. Mr. Diddle, in
reply exposed ihe forgery, he knew
nothing ol Urewster .nor at the let
i ii.:ii r t .r.: r.-
Thia fnrtred letter wa. eireolated
Is " i ' 1 e i
iently chagrined at the loss of his U500
u v v niiw n iau aiw in , , . w i
iani having been made a lool into the
The trick, however, was well got up
and the publication nf the lorged letier
served the purposes ol the party just as
well, and gained them as many votes,
as if it had been genuine. The leader
of their party know we I enough that
argument is a useless instrument in
their hands, but if they can convince
honest voters that the monster is try-ing-tibu
v them up and use them to
defeat the Administration, their patri
otism is aroused, ami they come in hun
tlreds to Ihe polls. The expression of
similar Irauds will account lor the large
Loco roco majorities in many coun
ties both in Pennsylvania and New
Jersey.--V. Y. Etprett.
- The influence of woman is excellent
wherever it ia exerted. ' It is no flat
tery to call the other sex "the fairest
and best portion of creation. " The
late election in Philadelphia city is
stid to have been one of the most quiet
and orderly ever herd and as a rea
son for Ibis it is stated that number! of
females came out to look at the "lords
of creation" exercising their preroga
tive. Their presence quelled eery
thing like riot or disorder. Me'i
could not wrangle and agrace them
selves under foe very eyea of their
wives and daughters. Jlltx. Gat
inil 1' aiat Iih
cuueavoreu hi invalidate it. ciiance-
ron THS STAR.
QUALIFICATION OF MEMBERS OF
Mr. Editor Every intelligent ob
server of human government must now
be sensible, that ihe great degree 'of
lib rfy-enjoyed by the republics of the
present day, is mainly attributable to
written constitutions. Tliee lay the
foundations of In e institutions, ami fix
I ine lami'tiarKs oi power. UnnL.rmity
j thereto s'vt the present, and wid en
j sure the Ititnre. enjoyment of frcet(im.
llepaitnre toerelro.n destroys ihe pres
ent, and will annihilate all future, pros
pert nf lihert v: Not that any con
stitution is pcrfort. but eveh the worst
atnnnt us. tinviolatetl, contains e
noug'i of the vital elements of national
'freedom r secure its b!esin. It is
ime that s'.me portiims of most consfi
tutinns might well be l.i"ft out, without
marring the 'itilit v of the residue; but
this, however obvious, tan never x
euc if neg'ert or its violation; for
then each citir.cn miijlit find a useless
portion to he rejected, as interest o
passion might prompt- Tlie only safe
guard which true lovers of liberty can
ai-knowledge as efficient to preserve the
intended blessings of a constitution, is,
to adhere, under all circumstances, to
each and every part of it; holding ev
ery word, siHable and letier as a sen
tinel of freedom, not to be displaced,
without the danger ol leaving tlelence
I ess some pirint at which ihe'Tnipor
tant citadel-, in an evil hour, may be in
vaded. A question of constitutional qualifi
cation of members of the legislature
has, recently, been the thenv; of much
discussion. It is, whether the-ofhret
of the State, commonly called the Coun
ty Attorney, may be chosen a member
of either branch of the General Assem
bly That question arises under the 4th
section of the 4th article of the amend
ment of the constitution, which is in
the following word:
No person who alii.il hoM any office or place
of trust or profit under Ihe United Stales, or
any department thereof, or under this atate or
any o her .late or government, shall hold or
exercie any other office or place of trust
ot profit under the State, or he eligible toa
teal in either hoove of the General Asaeinlily:
Provided lint nothing herein contained hli
extend to officers in the militia or justice! of
the pesc".''? H
I propose to discuss Ihe question.
Before I begin, however, it may be use
ful to possess my renders nf some infor
mation which may the better cnahlr
them to view the question in a more
extended li&h.t. I
' Before the adoption of lUia section,
as a part nf our constitutional law , the
evil of permitting persons to hold, al
the same time, several offices or places
of trust or profit under the Stateoriii
hold offices or places of trust or profit
under the State, and at the name time
offices or places ol a similar nature, un
der the United Sta'es. had become so
apparent that Ihe authority of the leg
islature was ol ten invoked to prevent
it in some degree. Tin jealousy of
our fathers, on tins matler, was almost
coeval with the adoption nf the federal
constitution. By an act passed in
1790, it is declared that "no person in
this State shall hold at one and the
same time, any office of trust, profit or
emolument under the anthoi ity of the
United Slates, and any office or author
ity either civil, military judiciary or
otherwise under the authority of this
In the year 1792, nrnallr of two
handreil pnutl. irimposed on all per
sons, who, holding an office or appoint
shall net in
i any office or appointment
from the Congress of the United States.
or any department thereof, without re
signing his Slate nnniiintinent. In
1796 & 1811, further acts were passed
by thejegislaiure. evincing a progres
sive increase of ihe jealousy of 1790.
These acts are now embodied in one, to
be found in Rev. Stat. Vol. 1. ch. 80.
By many, the aforesaid acts of the leg
islature have been deemed to be uncon
stitutional, so far as they introduced new
:e. e ,J . .
quaiiucanons oi memoers oi the Uen
eral Assembly and created causes of
exclusion not known to the then exis
ting constitution. That charter had
defined the qualifications of members
ami had created many cases of exclu
sion. And it is a general rule in the
interpretation of such instruments, that
when they undertake to specify par
ticular causes of exclusion, the legis
lature cannot add others. By sections
au, 7, as, ay. so, at 31, peraons
holding certain enumerated offices are
excluded from "Being members -of the
legislature; and it was nut deemed com
petent for any authority, less than that
which made the constitution, to carry
the subject ofexclosion furlhertbao that
instrument did. Hence it waa that the
effective operation of the before reci
ted acts was very restricted, and, in
deed, became almost dead letters on
our statute book. That article of the
constitution, which forbade the holding
of "more than one lucrative office at
any one time M failed to reach a very
large number of offices or :lacea iuto
ded to be embraced by the acts refer
red to. For there ..are many office,
places and appo'm'ment which were
notdecoiyd to be lucalivc; a:id it w as
early settled that membership of our
legislative bodies was not, in the mean
ing uf the constitution, a lucrative
office. It was held to be a place of
Among the officers designated in the'
original constitution, as excluded from
seats in the legislature, the tounty at
lorney is not named. He was, there
fore, not excluded by the old constitu
tion. He was not embrared in Ihe leg
islative enactment before recited, for
they relate to offices under two distinct
governments, snd. for the reasons al
ready rendered, he was not excluded
by the clau-te. forbidding the holding,
at the some time, of two lucrative uni
K ' - !
ces. The revisetl art heretofore cited
not only embodies the old act upon the
subject, hut incorporates ihe language
of the 4th section of the 4th article
of the amended ronsiitutiotit and. in
der the penalty t.fiwo hundred dollars,
substance, dec ar-s that no person, un
shall hold two offices or places of trust
under theSta'e;nor shall anyone, hol
ding one office or place of trust r profit
nnd.-r the State, hold a seat in the Uen
eral Assembly. It is not, however, by
this or any other act of ihe legislature:
that I propose In discuss the question, -but
by the words of the constitution,
as it has been in force since' the firt
of January, 183C. - .
T simplify the section, aa far as it
applies to the su'iject proposed ror lis-
cuMuon, it win can tnus: no person
wyto shall hold an office or place of trust
or profit under the State, shall hold an
oth'roiTire or place uf trust or profit
or be eligible lo a seat in either house
of the gem-rat assembly."
I propose tlte following points! -
1. Is the oiTic or place of county
attorney" an office or place of trust
or profit under I lie See?
2. What is the meaning of the terra
"eligible to a seat?"
3. When does membership of the
general assembly begin and end? '
First. Is the office or place of 'coun
ty attorney" or "county solicitor,' a -he
js often called in the act relating
to him. nn nffii e or place uf trust or
profit nnilet the Stater
The language here used in the con-,
stitution fiipoidiall argument about the
meaning of "officei for if it beffot'an
office it is a plate: ixih, if not an office
or place of profit, it is ctr'aMy one of
frt'. Our legislature, however, hae
uniformity designated the appointment
as an office, and the holders si tiffi. ers.
See act of 1777, 1816, 1822. And
having fees annexed to it, it is un rjjlcl
of profit Is it held under ihe StateP
It is true (he office is fit ed by the coun
ty court, but it is filled on behalf of
ihe State. The creation o the office
proves this. The several Courts of
Pleas and Quarter Sessions, a nTsjiMrTf j"
of the justices being present, shall ap
point an attorney, properly qualified, to
act for and in behalf of the Slate in the
respective counties, who shall hold his
office during the t.erm of four years, ami
shall ami may prosreute all matters
cognizable in the Court of Pleas and
Quarler Sessions, wherein he ihall ba
appointed, fur and in behalf of aha
State" As soon as he is chosen by the
County Court, lie is an officer of the
A7e, charged wifh the prosecution.
on behalf o the Sa'e, of all that por.
tion of the criminal 4aw assigned to the
jurisdiction of the cifunty courts, Ilia
....'. ... . 'l C . e
uu'iea ure cnjoincu, anu nis ices, lur
their performances, are used by a pub
tic, general law, snd he-becomes a con
stituent part uf the court, in the ad
ministration of criminal justice. Te
U t,lB conductor of Sa trulsTin to
the court, its legal adviser in Stme mat.
ters. I he character of his office dif
fers from that of solicitors and attorney
general in nothing, save the number
of courts assigned to each. Fur, the
eitent of jurisdiction is incident lo the
court, and not to his office. If the ju
risdiction is increased or diminished,
as is frequently the cise, his, office rev
mains the same.
The county court lias no rcgninnre
of offences the punishment whereof ex
tends to life, limb, or member) but if
the jurisdiction of that court were matte
coequal with that of the Superior Court,
and tlie crime of murder and rape
should become matters cognizable"
therein, he would prosecute them as he
now doea petit larceny and batteries.
If thia revolution in our criminal law
shouttl ever take place, his duties would
be augmented, and thoe of the Attor
ney and Strliritor General would be di
minished; but this change would effect
no change in the nalu e of the offices,
lie nto acts fur the State in mutters
cngniiable in the county court. The
Solicitors and Attorney Gener al act fur
.1 r. . . ....li. . .
tne state in matters cogniz,suie in tne
Superior Court. lie is as much a' State
officer a they, and the mode of his an.
poTinfnent determines the nature neith
er of his or any other office. The slier,
iff and clerks are now elected bv the
people! yet their offices are thtt same a
when appointed by the Courts the
are now, and always have been, office
imrfer tht State. The Clerk snd Mae.
ter in Equity rec-ive his appointm-nt
from a single Judge, yet his ti office .
under the State, .because r -he natur
nfhis dntiea." A trutep .f the Uniter-
lity holds a plat e of trust, an doesa